Navigating fence rebuilding in Nebraska post-disaster

By Scout Nelson

After the recent severe weather, many Nebraska farmers are prioritizing fence rebuilding. This not only involves understanding neighbor responsibilities and local fencing laws but also exploring financial assistance options.

In Nebraska, livestock owners are required to prevent their animals from escaping and causing damage. Although not specifically mandated to build fences, doing so is generally the most practical solution.

When it comes to shared property lines, the costs and responsibilities are usually divided equally unless otherwise agreed. If building a new fence, and the neighbors do not agree on sharing the cost, a formal notice must be served.

For a shared fence, each landowner looks to the right at the midpoint of their boundary to identify their portion of responsibility. If there’s a disagreement, serving a written notice is necessary, which might require legal assistance, especially if the neighboring landowner does not reside on the property.

The USDA’s Emergency Conservation Program provides financial and technical assistance for rebuilding agricultural infrastructure, including fences. With cost-share payments covering up to 75%, and even 90% for certain farmers, this program is crucial for those needing to repair or rebuild fences post-disaster. Approval must be secured before commencing work to ensure eligibility.

To construct, maintain, or repair a fence, you may need to access your neighbor's land. While minor access is permitted, any removal of obstacles requires explicit permission or a court order. In cases of boundary disputes, a property line survey may be necessary, particularly if a land sale is contemplated.

Rebuilding fences in Nebraska post-disaster is not just about construction but also about understanding and navigating the laws and financial aids available. Contacting your local Farm Service Agency office is recommended to get detailed assistance and ensure compliance with environmental regulations.

This guide provides an essential overview for Nebraska landowners facing the task of fence rebuilding after natural disasters, ensuring they are well-informed about both their legal obligations and the financial assistance available.

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